(1.) These two appeals have arisen from judgment and order dated 4th October, 1985 of Shri Mohammad Alam Mohnavi. 1st Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 5/1979 in which the appellant in each appeal were tried and convicted for the offences punishable under Sections 364 and 302/34 of the Indian Penal Code: The appellants Satyadeo Mishra (Cr. A. No. 328/85) and Ram Narayan Mishra (Cr. A. No. 373/85) have been sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code. Appellant Satyadeo Mishra has further been sentenced to undergo rigorous imprisonment for 10 years under Section 364 of the Indian Penal Code.
(2.) The charge against the appellants was that on 31-1-1978, the appellant. Satyadeo Mishra, enticed away Surendra Kumar Mishra and later he was murdered by these appellants and one Ram Naresh Rai (since acquitted).
(3.) Deceased Surendra, Kumar Mishra, an Amin was inhabitant of village Rajwara in the District Muzaffarpur. He lived with his younger brother, Nagendra Kumar Mishra who is the informant of the case. The prosecution story is that on 31-1-1978 at about 10 a.m. Surendra Kumar Mishra was at his house when appellant Satyadeo Mishra came and asked the deceased to accompany him to Boccha Haat.